LIBRARY OF CONGRFW 

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in une Court of General Sessions in and 
for the City and County of New York 
at the December Term, 1876. 



Hon. JOS1AH SUTHEKLAND, 

Presiding. 

THE PEOPLE ) MISDEMEANOR. 
DANIEL SCHRUMPF.1 adulteration of milk. 



ARGUMENT 

at 

W. P. PRENTICE, 
Counsel to the .Board of Health for the Proaeeution. 




NEW YORK : 
JOHN F. TROW & SON, PRINTERS, 

20~)-213JEiA.bt 12th Street. 
1877. 






RAP 









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# 






CONTENTS. 



l'AGE 



57489 

i. Argument of Counsel i 

2. List of Witnesses Called 25 

3. The Lactometer 26 

4. Report of Doctors Waller and O'Connor on 

the Cows of the Mulford Farm . . 29 



ARGUMENT OF THE COUNSEL": FOR THE 
PROSECUTION. 



Closing argument of W. P. Prentice, Esq., in the case of the People vs. 
Schrtjmpf. tried upon an indictment, for the adulteration of milk, in 
the Court of Gsneral Sessions in New York, December 28, 1876, Judge 
Sutherland presiding. 

May it please the Court and gentlemen of the jury : When 
we come, at this stage of the proceedings, to take up the points 
of interest and discussion, which have detained you so long, the 
first feeling that I have in my mind is one somewhat of com- 
miseration for you, that you have suffered so much, though I be- 
lieve it to be in a good cause, and then, again, of admiration for 
your patience, that you have so pleasantly indulged the learned 
gentlemen who represent the defence, in all their efforts to bring 
before yon the requisite facts to determine this, which for them 
and their trade shall be the decisive case, as they have promised. 
Now I confess that I have entered upon the discussion with less 



Note. — The indictment against the prisoner, Daniel Schrumpf, was of two 
counts. The first count charged him with knowledge, " knowingly offering 
and having for sale," etc., etc. The second count was drawn under the ordi- 
nance quoted in the argument. 

About thirty other milk dealers, under like indictments, most of them mem- 
bers of " The Milk Dealers' Association." were brought to trial at the Decem- 
ber term of the court, 1870, and this case was selected as the first to be tried. 
It was on trial from December 18 to December 28, 1876, adjournment being 
had over Saturday and Christmas day — Dec. 23 and 25 — and in this interval the 
examination of the Mulford herd of cows was made by Doctors Waller and 
O'Connor, who testified, on the 27th, to the facts set out in the report in 
the appendix. 

The prisoner was found guilty. 



2 

advantages than those which yon have been assured of in the 
learned gentlemen who represent the " distinguished defendant,'' 
as the prisoner has been generally called. I confess that to un- 
derstand the language with which your ears have grown familiar, 
I have had to take recourse to the dictionary. Yesterday, you 
will observe, it was necessary to seek a translation of the word 
glutinous, which was termed viscosity. Last night I looked up 
the term viscosity, and found that it means glutinousness. I 
also, pursuing the same studies and considering the subject 
which has interested you for these ten days, have found it a 
long road now coming to its turn, indeed a milky way, and 
I sought Loomis' Astronomy to find that a milky way is a 
galaxy. This definition may properly refer to the scientific 
stars whom you have heard and who have made so distinguished 
an appearance. Prof. Loomis, speaking of the " Milky Way," 
says : " To the naked eye it presents merely a diffused milky 
light, stronger in some parts than in others." Gentlemen, I 
shall endeavor to show you where the strong parts lie. Now it 
has been a matter of interest to me, in the discussion which we 
have had this morning, to discover what the issue, what the case 
was which the learned counsel for the defendant was propos- 
ing. Is it the Board of Health that is on trial % Is the ques- 
tion that of skimmed milk, or is the question that of the suc- 
cess of the distinguished family of the learned professor on the 
side of the defence in seeking for " samples of pure, healthy 
cow's milk" which he can compel the witnesses for the prosecu- 
tion to taste ? You know whether it is or not. I think not. We 
proceed under this ordinance: u No milk which has been 
watered, adulterated, reduced, or changed in any respect by the 
addition of water or other substance, or by the removal of cream, 
shall be brought into, held, kept, or offered for sale at any place 
in the City of New York, nor shall any one keep, have, or offer 
for sale in said city any such milk." Now the learned counsel 
in closing for the defence said that the Court had settled the 
question that there was no moral guilt in this case, that the de- 
fendant was morally innocent. I ask you, gentlemen, to wait 
until you receive the charge of the Court, for, unless I am 



greatly mistaken, the Court will say to you that it has simply 
dismissed one count of the indictment ; that there are two 
counts, and they embrace the same offence, but as to the moral 
guilt or innocence of the defendant, this will be for you to de- 
termine. 

The Court. — -The Legislature had constitutional power to au- 
thorize the Board of Health to pass the ordinance which I read 
to the jury, and to declare a violation of it a misdemeanor. 
There is no question of morality in the case; that question has 
long been settled in similar cases brought under acts of Parlia- 
ment. 

Mr. Prentice. — It seems to me, in deciding whether or not the 
prisoner has been guilty, you will have settled a question of 
great importance. Remember, gentlemen, that you sit in this 
place representing the community in which you live. You are 
the people. Yon are those for whom these ordinances were 
made, and the public officers in this case are but your representa- 
tives and your servants. It will remain to be found and decided 
whether you shall approve of the action that has been taken for 
the best interests of the people of New York, or whether you 
shall accept the result that is proposed to you by the defence, 
whether you will sweep away all safeguards, take away all lim- 
its, and leave the clients of these gentlemen, whether you will 
leave this class in the community to pursue a trade, whose in- 
juries are well known, without any restriction by law or in 
courts of justice. Now the vastness of this question may excuse 
to you the length of the trial and the delay in bringing it to a 
conclusion. It appears that the daily milk supply of New York 
embraces a hundred and fifty thousand quarts by the Erie rail- 
road, thirty-six thousand quarts by the Midland railroad. 

Mr. Lawrence. — This is not evidence. 

Mit. Prentice. — It is an official document. 

The Court. — Strictly speaking that is not in evidence. 

Mr. Prentice. — Gentlemen of the jury, in my opinion, which 
I believe is founded upon sufficiently accurate facts, there is 
brought into the city of New York about 400,000 quarts of milk 
a day, and to that quantity at least 100,000 quarts of water are 



added, making the daily supply of the so-called commercial 
milk of this city as it is sold here. I ask you to remember the 
fact at the outset, that we have had the evidence of Mr. Dough- 
ty, a milk dealer, about the standard of commercial milk in this 
city, and it is corroborated by the evidence on the other side, or 
is at least without any conflict of evidence, and is confirmed 
by the evidence of our inspectors. Mr. Doughty tells you that 
the standard of commercial milk hi this city is above the stand- 
ard of the Board of Health, that it does not come down to 100 
on the lactometer. Therefore we may safely assume that 
the milk offered for sale in the city of New York — the com- 
mercial milk — is above the standard of the Board of Health, 
above 100. That evidence is uncontradicted, and you cannot go 
any further than the evidence. Now the importance of this 
adulteration, or of an adulteration which shall be carried, as in 
this case, fifteen degrees below, it is hardly necessary to dwell 
upon. I read from Beck's work on Adulterations, he says : " It 
is not without reason, therefore, that the great mortality among 
children in Paris is ascribed chiefly to the bad quality of the 
milk with which such a large number are constantly fed." I 
read from Dr. Voeloker, who is regarded as undisputed authori- 
ty in this case: " Milk may be regarded as a kind of model food. 
It supplies all the various elements of nutrition which are 
required to build up the bony frame and muscular tissue of 
the young, and, at the same time, supplies materials for support- 
ing respiration and keeping up the animal heat of the body. 
Undiluted with water, milk is both a readily digestible and val- 
uable, if not indispensable, article of food for children. Breed- 
ers of high priced short-horns know full well how essential it is 
to the early development of a sound and strong frame, round 
which the flesh and fat may be afterwards deposited in sym- 
metrical forms, not to stint the calf in milk ; and it is to be 
feared that the children of the artisan and the poor in towns, 
and of the agricultural laborer in the country, are not nearly so 
well supplied with milk — both as regards quantity and quality 
— as the progeny of the well-eared-for herd of short horns, or 
Ayrshire or Devon cows. If it be remembered that the bodily 



health of the adult is affected in no small degree by the amount 
and quality of the food with which the infant, from the time of 
its birth and throughout the period of childhood, is fed, and 
also that much physical suffering might be prevented if chil- 
dren were not stinted in a milk diet, it is doubly desirable that 
the scanty allowance of milk in which the children of the poor 
are generally indulged should be unadulterated, and of the best 
quality that can be procured. We hail, therefore, with pleas- 
ure, the enforcement of the food adulteration act. for there can 
be no question that before the act came into practical operation, 
the milk sold alike to the rich and poor in London and other 
large towns, was watered much more generally, and to a greater 
extent, than it is at present, in places where public analysists 
keep a watch over the milk-men." It is a matter of public 
record of which the court and you will take cognizance that the 
Board of Health in this city began its operations in 1867. It 
found at that time the death rate in this city, of children under 
live years of age, to be fifty-three per cent, of the whole num- 
ber of deaths. Now I will not stop to consider the general de- 
crease which has been marked, year by year, in the rate of the 
mortality in this city, but I will show you this one fact, that in 
1875 the death rate of children under five years of age, to 
whom of most importance is this question of the purity of milk, 
their principal food, the rate of mortality had decreased to -iS^ 
per cent. This means, upon the whole mortality, gentlemen, 
saving the lives of three thousand children per year. That 
decrease in the rate of mortality is owing, more than anything 
else, to the safe-guards that have been thrown about them in 
various ways, and especially their protection in the purity of 
their food. Now, statistics of writers go further upon this sub- 
ject, and they say that for every death you may rate twenty- 
eight cases of serious illness. How vast becomes the calcula- 
tion — the consideration of influences which are here before you, 
which, if these learned gentlemen are correct, you are to decide 
for, or against, for or against a standard, a means of protection 
and a safe-guard ; for or against the limit of adulteration with- 
out concern, for the profits of this distinguished defendant, or 



6 

the liberty which he claims, about which his counsel has been so 
anxious. The liberty of what? The liberty of pursuing a dis- 
honest trade, the liberty of evil doing. I tell you, gentlemen, 
that your verdict in this case will establish or condemn the re- 
strictions upon that liberty, for whose establishment and regula- 
tion our government is constituted ; it is a liberty conformable 
to law. 

Now the history of the litigation in milk cases is important. 
You have had constantly presented to you the first trial of such 
a case, when these same learned counsel and these same scientific 
gentlemen arrayed for the defence appeared. The prosecution, 
as represented in this case, did not have at that time the oppor- 
tunity to make the same defence as in subsequent cases. They 
did not then show that they had arrived at the test which is pro- 
duced for your judgment in this case. They had to wait until 
this case was tried, until the instructions of more than a year had 
been had, in the learned talk, in the learned lectures of how milk 
may be adulterated to escape the lactometer, and in the frequent 
defences instituted in prosecutions by the Board of Health, by 
these learned gentlemen, until the inspections of milk had been 
tried by the experience gained in these contests. These public 
officers who now prosecute, come before you to say we have now 
arrived, by our experience, by this very instruction from the 
milkmen's counsel, by the very instruction received from Dr. 
Doremus, at a test which will stand scrutiny, and we submit it 
to you. Now, gentlemen, what is this test? In the first place 
every witness that has been before you, has agreed that a man 
may know milk ; he will be able to test milk and be an expert in 
milk inspection. You know there are experts of great skill in 
many trades and in many commodities. In the case of testing 
milk, a man who has experience will mark defects in it that will 
pass your eyes and mine. You are able to judge whether these 
inspectors have experience in judging milk. The witness for the 
defence, Dr. Vaughan, could distinguish the quality of milk 
because, as he says, he is " accustomed to handling it." Gould 
Drs. White and O'Connor not test it? But it will be said by 
the defence, we presented a bottle containing a fluid which they 



did not dare to say was milk. You, gentlemen, have now ar- 
rived at a point where you, too, will say it was not milk. There 
is this thing for which they searched the whole country around 
New York, and could find no place from which it could be de- 
rived, except the famous farm of Mulford, distinguished in the 
researches of the Doremus family. This article they proposed 
as a standard by which shall be regulated the milk trade of New 
York, and you will pronounce it, gentlemen, I am convinced, no 
milk ; that it is not for a standard, and my impression is, that 
such a sample of their evidence will characterize their whole 
case. If that is their standard, if that is their evidence of milk 
which they say is from a fair, healthy cow, "a fair sample of the 
average milk mixed and taken to New York," I trust, gentlemen, 
you will leave that sample and that trade to the gentlemen for 
the defence, give it to "the distinguished defendant," nourish him 
on it in the seclusion to which I hope he will be devoted, and let 
us see if he, and his friends and associates, will not wish for a 
better milk, as they should wish for a better and more honest 
trade. Gentlemen, your verdict will touch such considerations as 
these. After the first case was tried, we came to another, where 
many experts were examined whose testimony you have heard 
here on this trial, but there was no defence except by the cross- 
examination of this learned gentleman. 

Mr. Lawrence. — I was not present; you are mistaken. 

Mr. Prentice. — Your associate, Mr. Waehner, was present ; 
1 speak of the Joechter case ; there was no appeal in that case. 
Then we came to the Cox case. In that case there was an 
appeal, and Cox illustrated by his labors in the penitentiary the 
dangers and difficulties attending a dishonest trade in the City 
of New York. Now we have finally come to this case, and they 
propose, after a year or two of litigation, that this shall be the test 
case. The issue here, as I stated before, is whether the defendant 
had for sale watered milk. I shall not spend time in discussing 
whether there was an error of one, two, or three degrees on any 
of the lactometers, or in any of the tests. This man watered his 
milk fifteen degrees. Take the lowest standard offered by the 
gentlemen of the defense of milk. I do not call the sample 



from the " black cow" I do not call the sample with which it 
was associated, from the " bob-tailed cow" samples of milk. Mr. 
Charles Doremus told you here that these two samples were 
similar and alike in their constituents. I call these no samples, 
except for them ; hut, even if you propose to admit them, put 
them in with all the milk, as they wish them put into the milk 
supply of New York. Kemember this " rule of three " which 
belongs to their model herd. It takes eight cows of theirs to 
make twelve pints of milk. Now, put their milk into a can 
of mixed milk of forty quarts, the can of the commercial 
milk that comes to this city, take these two samples in such 
a can of milk, determine then its average, and see whether 
there is a possibility that this defendant, taking all averages 
and including all errors, had any milk except watered milk. 
Now one word as to this distinguished gentleman, the prisoner 
at the bar. He has come before you chivalrously, and glorified 
by the distinction of representing and defending what some 
would appear to call a good act, the watering of milk. lie has 
said to you that his milk had been inspected before. lie knew 
the test when the inspector came to his shop, and he read the 
lactometer ; he even discussed with the inspector whether the 
proper degree on the lactometer was 85 or 90. He said it was 
90, so that he knew the test. Now he comes to the stand and 
says, " I did not do it ; my son did not do it ; " but, mark it, 
gentlemen, the defendant does not say he did not know that 
milk was watered, for he did know that it was watered ; there is 
not a milkman in this city who would not have known that that 
milk was watered. I do not believe a discussion from books, a 
discussion of opinions, or any discussion on the lactometer, or 
the hydrometer, or the other ometers with tediously long names 
of which we have heard, will withdraw from your observation 
the fact that this man, by all the evidence in this case, is shown 
to have had for sale watered milk, and to have known it. But 
I do not care whether he knew it or not ; the question is, did he 
violate the law ? He has been in this business seventeen years. 
I am not discussing his moral innocence ; there is no question 
of that kind in this case. There is no pretense in this case that 



9 

the milk he was offering for sale was '"adulterated" with cream. 
Their witness, Dr. Vaughan, said that, to show a different rate 
on the lactometer by the addition of cream, we would have to 
put in an immense amount, and then it would show "viscosity." 
There is no question of viscosity in this case ; it is a question — 
whether the milk was watered or not. It has been shown that 
the milk found in the defendant's place looked blue, it ran off 
the glass, and the inspector tasted it ; so that, without even 
testing it with the lactometer, he could have said that it was 
watered milk. It was, as the learned professor who has distin- 
guished himself for the defense, upon whom they place their 
whole reliance, has said, and you will remember the graphic 
style with which his evidence was given — it was " rich in water." 
This is a sample as he said which the Court will observe was 
" rich in water." It occurred to me this morning, as I was 
taking my milk, that I had read of another sample of milk that 
was " rich in water." Without detaining you any length of time, 
I will refer to the incident told by Charles Dickens in present- 
ing to the people of England the enormities of the so-called farm- 
ing-schools and boarding-schools, where step-sons and orphans 
were put away in the country at Dotheboy's Hall, ruled over by 
Mr. Squeers, who exercised there a most vicious tyranny. Mr. 
Dickens, by this graphic story of Xieholas JSTickleby, which 
burned its moral into the heart of the English people, produced 
a great reform — such a reform as I trust, in some measure, will 
follow your verdict in this case. In the story, Mr. Squeers 
goes to London to get pupils. Mr. Kickleby meets them at an 
inn. Mr. Squeers calls for breakfast for the boys, while he is 
having meat and coffee. 

"This is two peimy'orth of milk is it, waiter?" said Mr. 
Squeers, looking in the large blue mug, and slanting it gently, 
so as to get an accurate view of the quantity of liquid contained 
in it. 

" This is two penny'orth, sir," replied the waiter. 

"What a rare article milk is to be sure, in London," said Mr. 
Squeers with a sigh. "Just till that mug up with hike-warm 
water, William, will you '." 



10 

"To the werry top, sir?" inquired the waiter. "Why the 
milk will be droimded." 

" Never you mind that," replied Mr. Squeers. " Serve it right 
for being so dear. You ordered that thick bread and butter for 
three, did you ?" 

" Coming directly, Sir." 

" You needn't hurry yourself," said Squeers ; " there's plenty 
of time. Conquer your passions, boys, and don't be eager after 
vittles." As he uttered this moral precept, Mr. Squeers took a 
large bite out of the cold beef, and recognized Nicholas. " Sit 
down, Mr. Nickleby," said Squeers, " we are a breakfasting you 
see." Nicholas did not see that any body was breakfasting ex- 
cept Mr. Squeers ; but he bowed with all becoming reverence 
and looked as cheerful as he could. 

" Oh ! that is the milk and water, is it William ? " said 
Squeers, " very good, don't forget the bread and butter pre- 
sently." 

At this fresh mention of the bread and butter the five little 
bo}-s looked very eager, and followed the waiter out with their 
eyes ; meanwhile, Mr. Squeers tasted the milk and water. 

" Ah ! " said that gentleman, smacking his lips, " here's rich- 
ness ! Think of the many beggars and orphans in the streets 
that would be glad of this, little boys. A shocking thing hun- 
ger is, isn't it, Mr. Nickleby." 

" Very shocking, Sir," said Nicholas. 

Here is richness, yes ! let us think of the widows and orphans 
in the street who have to suffer by this " richness," by such a stan- 
dard as is proposed by these learned gentlemen. Now observe 
how this controversy has been shaped, with what art the parti- 
cular issue has been concealed. The first point in the trial of 
such cases, the first point in the movement of public officers to 
prevent an evil so enormous as this, must depend on some prac- 
tical mode of detection of fraud. So cumbrous and lengthy a 
method of detection, involving the necessity of this parade of a 
whole laboratory, as you saw here, in which, after forty minutes 
of experiment in the evaporation of milk, the experiment was 
not concluded, and several parts you had to take upon your im- 



11 

agination. Such a method is insufficient. Make it cumbrous, 
throw difficulties in the way, and you cannot detect one milk- 
man's fraud a day. Perhaps the Milkmen's Association would 
be willing to offer up the vicarious sacrifice of a " distinguished 
member '' like the prisoner, and the other members would then 
pursue their trade undetected and unharmed. Therefore, I say 
the first object of the defence was to get rid of any practical 
mode of detection. There is in fact but one method of adulter- 
ation of milk of which we are really afraid. It is the " iron-tailed 
cow'''' that does the damage ; it is by water. This is the cheapest 
and most ordinary way. You are not to consider if there are 
other adulterations ; you have not to say that the Board of 
Health would necessarily fail in the detection and punishment 
of other offenses. We have here the most common and the 
readiest adulteration — that by water. You know that the 
milkmen themselves are interested in this test, and that they are 
making it constantly. Doughty has told you, that even on the 
farms, they are testing the milk, and every man who purchases 
milk knows whether he is buying a good article or not. Officers 
Jepson and Gardner were police officers of the Sanitary Squad, 
and made 10,000 tests each. Drs. O'Connor and White have 
testified, and you have seen a witness on the stand for the de- 
fence who claims that he is no scientific man, and lias no scien- 
tific experience, but who says that these observations are easily 
and readily made. It is not necessary to talk to you at length 
of the detection of so plain and palpable a fraud as there is in 
this case. Gentlemen, you know that every one of you can take 
that lactometer and test milk yourselves. Take milk which 
they say is " adulterated with cream," and milk which is 
diluted with water, and your own good sense and observation 
will determine that it is possible to distinguish between them. 
The first thing, then, that the defense strikes at is the instru- 
ment used in this practical test. We were told that the lactom- 
eter should be brushed away, "that knowledge and science,"' 
excuse me for quoting the words, " damn the lactometer." We 
have a learned professor, on the part of the defence, who meets 
this instrument as some noble leader of a bovine herd who. 



12 

breaking from his accustomed pastures, crosses a railroad track 
in the gloom of the evening, and seeing the locomotive coming 
with its dazzling light plunges at it to brush the locomotive 
away ; but it is the bull and not the locomotive that disappears. 
Now I ask you to remember this fact, that not one witness in 
this case has said that the lactometer will not test specific gravity. 
They all agree to that. "But it is useless," says the learned 
professor. I say let us determine the specific gravity in the first 
place. The public officers in this case do not propose to you the 
lactometer as a test for anything else but specific gravity, but 
they say that since you know what the specific gravity of good, 
sound, commercial milk is, and must be, if the milk tested shall 
fall below that standard on the lactometer, then it is watered. 
Now, gentlemen, whether that be a correct conclusion or not, 
you have heard the evidence of all these learned gentlemen who 
have testified to the value of this test. I shall not take up your 
time to attempt to meet the quibbles about mistakes of words 
when they were under the very sharp fire of the cross-examina- 
tion of the learned counsel. I shall not ask you to determine 
whether these scientific men, witnesses for the prosecution, are 
worthy of the place they have occupied in the scientific world 
for fifteen or twenty or more years; but I will remind you of 
the fact that as one distinguished author has said, " books follow 
thoughts, not thoughts books." You have had the book-makers 
before you ; you have had the men before you who determine 
scientific questions. You have had their opinion, to the effect 
that after a consideration of all the authorities, and after a re- 
view of the whole subject with careful analysis and reason, such 
as scientific men have learned to use, their opinion, vouched for 
by their reputation, is that the lactometer is a sure and practi- 
ced text of the adulteration of milk hy water, when it is properly 
tested and is accurate. Now they have said further that as a 
practical test it is just as accurate as analysis. It is not necessary 
for us to go to that point ; I desire to make it plain. It must 
be admitted on all sides that analysis can only tell you the 
amount of water in the milk ; the lactometer tells you the same 
thing. How can you tell from analysis whether water has been 



9 



13 

added unless you have some standard ? You must settle in the 
first place how much water ought to be in milk, or analysis will 
not tell you what has been added. Here is where the defence 
have made their real and their principal issue. Their attack is 
not on the lactometer; they can no more meet it than the bull 
can meet the locomotive; they can no more meet it than you 
can meet any well ascertained fact. The lactometer has been 
described to you by the learned witness for the defence, in his 
graphic style, as beginning with Archimedes. It is not neces- 
sary to prove that ; it has been admitted in court that it deter- 
mines specific gravity, and analysis will do no more. It is upon 
this question of a standard that we have to meet them. This is 
the real thing at which they aim. You cannot tell, they say, 
but that this was honest milk, because there is no standard. 
Then we asked the defence, what is your standard % They answer 
it ranges from 80 to 130. We asked, can you fix it no closer % 
" No." How do you know that % " By experience." Their pro- 
fessor made personally twelve observations, and of these seven 
were against him, and five for him, and the most distinguished 
of those observations was on the now famous quadruped, which 
seems to be the peculiar property of the scientific family on the 
side of the defense. I think I would be justified in calling that 
tribe of milk cows the "Doremus Cows," and the most distin- 
guished of that family is the mother, perhaps, the so-called 
•' Bob-tailed Cow." We have found her sister nearly related to 
her in this case. Her milk is produced by the youthful knight 
errant of the professor's family, who searches " the County of 
Orange, with its creameries and its rich pastures," — to quote his 
own language — and goes straight to the Mulford Farm. You 
will remember the learned professor's description of the golden 
crown of lliero, which Archimedes tested, exclaiming. "Eu- 
reka!" " Eureka!" So you will remember how this youthful 
scion of that scientific house returned from "the creameries 
of Orange' 1 with "the sample of low gravity milk," that he 
had been sent for. and may imagine him exclaiming, " Eureka ! 
I have found it, the low gravity milk, the black cow." And 
the anxious father Bays, " Have von heard anything of the 



14 

Dob-tailed cow ? " The youth replies, " It is not necessary, 
I have the black cow. sample number three. Get the other side 
to taste it, and the case is done." I thought we would trace this 
cow-relationship a little. I thought we would go one step more. 
So I asked Mr. Charles Doremus, another member of the 
family, more about this tribe of cows, which has been hitherto un- 
known in science. There is no description of any such cows any- 
where, except in the evidence of the professor's family. I could 
read you books without number, but I will take the testimony 
which you have heard. No such cows were ever known before, 
therefore I wished to trace thein. I said to Charles Doremus, 
" This sample of milk is very like another we have had ? " He 
was talking about the samples he had in the Kneib case, and 
about the " bob-tailed cow." " There is another milk, that of the 
black cow, like this," I said. " Yes, it is," he said, " in whey." 
" Is it like it, in other respects ? " " Yes, sir, in other respects." 
There are no such cows to be found except in this " Doremus 
tribe." The black cow and the bob-tailed cow stand together, 
and when Prof. Doremus goes on to give you a standard of milk, 
he begins with these. It is from these that he gets his low stand- 
ard. I will read an extract from Wanklyn, and we shall see if 
there is not a standard for milk. Wanklyn, page 41, says: "In 
dealing with milk supply on a large scale, we are little concerned 
with the possibility of single animals giving abnormal milk, and 
need only concern ourselves with milk of normal quality, all de- 
partures from the standard being looked upon as sophistications." 
The fact is claimed by him that the normal standard of milk 
varies, if I remember right, only two degrees. Now I take up a 
book, " Du Lait," by Marchand, and read this: " Every time 
that we shall meet a milk of which the corrected density shall 
be inferior to 1.030 at a temperature of 15 [Centigrade], and 
which shall contain less than 30 gr. of butter, 50 gr. of lactine, 
we shall affirm with certainty and without fear, that the milk is 
falsified." I read from the last edition of Tardieu, the edition 
of 1862 : " In one word, the frauds indicated by the lactoden- 
simeter are certain, but it is far from indicating all frauds." On 
page 521, I read that "the lactodensimeter is a useful instrument 



15 

for the verification of milk. It can show some frauds, but not 
all." I read from this dictionary of Profs. Tardieu and Blythe, 
in which they say in the article on milk, page 385 : " Mr. F. N. 
McNamara, of Calcutta, published a short time since the 
interesting analysis of the milk of a little Bengali cow. 
His results show how constant the composition of milk is, 
whether obtained from the much prized and well-fed Alderney, 
or the poor, ill-nonrished Bengali cow." This book I have 
in my hand, is one that gives a most exhaustive treatment 
of this whole subject. There are no pet theories in it, such 
as are to be found in Von Bamnhauer, but it review's the 
whole subject. Christian Muller's treatise, on page 42, of the 
edition of 1872, says: "From more than 6,000 samples from 
Quevenne and Bouchardat, 1.029 appears as the minimum 
and 1.033 as the maximum. For the hospitals and public insti- 
tutions in Paris, the minimum is 1.030. From 1842 to 1856 
there was an earnest inquiry if these figures conld be taken for 
Switzerland. A great many instruments were distributed to 
obtain the greatest possible number of data both on the mount- 
ains and in the valleys, and there was a great demand for them ; 
so that in 1856 already several hundreds of instruments were in 
use. The fear of the new instruments closed the mouths of the 
guilty, and it soon became the rule to close the prosecution by 
1.02S. So it was in my laboratory." On page 51, he says, " the 
proving of the specific gravity of milk by means of the arao- 
meter answers the purpose, and for the greatest proportion of 
cases is sufficient, and in several localities there is no other test." 
On page 69 he says, " besides, I investigated 286 other cases of 
market milk. As the average of all tests, I had a number 
which was not much greater than 1.031. I found one gravity 
only under 1.029. This was from a spayed cow ; the milk had 
a bitter taste." On page 74 he says : " If we go through all 
Europe, from land to land, from place to place, from dairy to 
dairy, from alp to alp, with the lactodensimeter in our hand, 
and mix constantly the milk of various cows together, we shall 
find that the milk, which is divided as a trade commodity from 
the physiological milk, ranges from 1.029 to 1.033." 



16 

This answers in one word this question of milk, this commer- 
cial milk, and these psendo criticisms against our lactometer. 
The real issue in this case is, Shall the standard be that of the 
milk of a healthy cow 'i Shall it be a standard of the milk of 
the cow as she has been found all over the civilized world ? 
Shall it be the standard of the food supply of milk by which 
nourishment shall be secured to the infant and the sick in the 
great cities of the civilized world, or shall it be the standard of 
this model Mulford or Doremus family of cows? Shall it be 
the standard of the Doremus cows ? I say give us a standard 
such as is accepted elsewhere, and let the citizens of New York 
have the protection which is accorded to those who live under 
every well-regulated government in all the world. But it has 
been said yon have no right to use the lactometer. I say on the 
contrary that the real issue is the standard for sound milk. On 
this point I will read one or two extracts from well-known 
books, and then I will pass by this subject. In a work on food, 
by Edward Smith, published in 1873, after reviewing all the 
questions with all the experience gained in England, speaking 
of the addition of water and the subtraction of part of the 
cream, etc., etc., the author goes on to say of the tests, " the 
lactometer effects this with readiness and efficiency." Wilson 
says : " As it (milk) is frequently adulterated with water, the 
specific gravity is a most important test of the quality, and 
hence the value of the lactometer." It is said, in the work by 
Atcherly that "the addition of water is best detected by its (the 
milk's) specific gravity." " This in a sample of milk was lowered 
when mixed with its own volume of water, from 1.031 to 1.015." 
Here I have the correspondence of the Holland Association, the 
most recent publication of all, published in Cologne, in 1S76, 
in which the adulteration of milk is treated of under the 
title or head of " Public Health," and this approves the use of 
the lactometer in determining the specific gravity. So I might 
go through a number of these works I have here before me. In 
the Annals of agricultural chemistry which have been used in 
evidence, Fleischman has said that "the areometer, under all 
circumstances, is of the highest excellence (ganz vortrefflich) in 



17 

proving the watering of milk." The areometer is the lactometer. 
Gentlemen, I shall not enter upon the discussion of the 
mechanical operation or construction of this little instru- 
ment. You have had the testimony here of very distinguished 
scientific men, that it was very well made ; and it seems to me 
that one of the most notable failures on the part of the defence 
was when two of their scientific experts were unable to tell how 
it should be regulated, and showed upon the stand that they 
were ignorant of the quotation from the article in Watts' dic- 
tionary, in which it appears that in the construction of the 
lactometer on so very nice a scale the degrees will appear equal. 
You have heard the testimony of a man who does know how they 
are constructed, and he has shown to you that the difference in 
the size of the degrees is the g 5 o o o or to~u o o P art of an inch. The 
witnesses for the defence did not know these facts and figures 
when they testified. They did not know how, in fact, the lacto- 
meter was constructed. They did not know what was the test 
that was prescribed by the very book which they had in their 
hand. You remember the story of the young lady who enter- 
tained company, and was found after a number of evenings to be 
extremely well posted on a great many subjects ; but after a 
while her conversation lagged, and when an explanation was 
sought as to the cause of her dullness, she said the fact was that 
she had been reading the encyclopaedia, but had only reached the 
letter O. These gentlemen got up to the page they quoted about 
the hydrometer, but they had only read up to a certain point, and 
not the later pages which we showed to them. It was as con- 
spicuous an example of scientific inaccuracy as was afforded 
when the learned professor informed you that there was no con- 
stant quantity in milk, save the one element, which was sugar. 
"Examine the serum," said he, " because sugar is always con- 
stant." I said to him: ''Professor, tell me if on your chart 
there over your head the sugar is always constant." The reply 
was: "It varies a little." "How much?" "Well, it varies 
3." Said I, what is the highest and what is the lowest point I " 
" It varies from b' at one limit to 2 T 8 at the other" — above 60 
per cent., if I can read correctly. That is all he knows of the 
2 



18 

standard for milk and of its accuracy in the experiment. Gen- 
tlemen, is such testimony to be opposed to the opinions which 
you have heard lie re, such authorities as have been read in your 
hearing? But I do not ask you to trust to that proof, I do not 
ask yon to consult these books, nor to read one of them. I ask 
you simply to trust your own observation and your own judg- 
ment. You have seen with your own eyes whether or not this 
instrument will detect the watering of milk. Now, remember 
that, in opposition to the experiment on the Mulford herd of the 
bob-tailed and black cow species, that w T e have made experiments 
in searching for low gravity cows — not with a particular object, 
but to find out what the range was here about New York. Our 
inspectors tested not only commercial milk, but they made 505 
tests of cows at the dairy farms, and found that in all cases of 
sound, healthy cows the milk was above the standard. There 
were some apparent exceptions. Did we conceal them ? No ; 
we told you the whole story ; we gave you all the reports. The 
defence used one or two reports only in evidence on this point. 
We have given you all the facts in our possession, and you can 
judge as well as we. The exceptions we have explained, and 
we say that the tests made here, the practical tests to determine 
the standard of New York commercial milk, demonstrate with 
mathematical certainty that 1.029 is a very low standard — that it 
is a very fair standard for the purity of milk. 

Suppose you agree with these learned gentlemen of the de- 
fence, in any respect, you must still remember that the ques- 
tion is not of one, two, three, five, nor of ten degrees in this 
case, but it is of fifteen degrees of water. Think of it? 
Twenty-five per cent, of water had to be added to the 
sample you had before you the other day to bring it down 
to 90, five degrees above this point of Schrumpf's. The 
testimony we have had in this case has increased the number 
of practical tests, for it see ns that out of forty-seven samples that 
were investigated by the Messrs. Doremus there was a very small 
proportion that fell below the standard. Accepting the real milk 
cows of the Mulford andx>ther herds our tests come up to 540, so 
that our standard is not lowered but if anything it is increased. 



19 

Gentlemen, will yon say to the milkmen of New York what 
standard of milk yon will have your children take, and what you 
will give to the poor, and send to the hospitals. Yon can fix by 
your verdict the standard. It is of vast importance that noth- 
ing should be done to unsettle the standard of pure milk. It is 
of vast importance that you do not put us all at the mercy of 
people who are supplying so important an element of health 
and strength in this community. Now remember commercial 
milk is mixed milk, it must have an average, and remember, as 
I said before, that the evidence is uncontradicted in this case 
that commercial milk, sold in the city of New York, when pure, 
stands above 100 on the lactometer. Mr. Doughty says he 
tested 3,000 samples of this commercial milk we are talking 
about, and out of those 3,000 of Doughty's tests, out of the 540 
tests of the Board of Health, out of the 6,000 in Paris, out of the 
hundreds of those which Miiller tells you of in Switzerland, and 
those which Smith speaks of, you get an enormous aggregate, 
and opposed to them you have Doreinus's five or seven strippers 
and the twelve observations which Professor Doremus himself 
made, of which seven were in favor of and five against the 
lactometer. Do you talk about a doubt in this case upon such 
evidence % Is it possible to go beyond that \ Now I have 
shown you what the opposing standard is, based upon those 
samples of milk that you have here before you. I have shown 
you what the sample test, applied to Schrumpf's milk, was based 
upon. I have shown you the accepted standard all over the 
world, and it has been proved by practical tests, and, I think, 
also by your own observation during this trial. When, I ask 
you, gentlemen, when you have been brought in to settle and 
decide this case and make so important a decision, and when 
the defence have come in to put their best evidence before you, 
asking that they shall have an unlicensed liberty of trade, such 
as is claimed by these distinguished counsel ; when you sit here 
noon your oaths to decide according to the evidence, to do what 
is fair, honest, true, and right, if the evidence proposed, upon 
which the defence intends to rely, is a fraud, if it is unfair, if it 
is a deception in the face of the Court, 1 ask you, gentlemen, will 



20 

you not decide the whole case upon the evidence, and charac- 
terize the evidence produced by the other side in support of a 
standard and a test fraudulent in its beginning, fraudulent in 
its production, and fraudulent in itself, as one upon which they 
cannot stand, upon which your righteous judgment will not 
permit them to stand, as one which they shall take away with 
themselves and go out of Court to the judgment, and to the fair 
condemnation of every honest man, of every citizen who desires 
to protect the innocent, the defenceless, and the poor children of 
this city ? Gentlemen, will you approve the fraud of such testi- 
mony as that of the defence, or will you condemn it ? Am I 
using too strong language when I speak in harsh terms of this 
sample of milk which you have had analyzed, and which the 
learned counsel for the prisoner proposed to-day to withdraw ? 
lie says, "Withdraw the samples that young Doremus brought 
from the Mulford farm! 1 '' It is too late to withdraw these. It 
was on Friday only that we found out where they came from. 
We had questioned the source ; we had admired the research 
of this professor's family, and on Friday we found out where 
they had been on the preceding Monday. We had the sample 
back in Court on this last Wednesday and demonstrated to you 
that it was unsound milk, that it was rotten, that it was not milk 
at all. They cannot withdraw it, it is the best thing for justice 
which they could have done. They have prepared for months 
to try this case. The learned counsel for the prisoner is ex- 
hausted with the research he has made, and he has been compli- 
mented by the Court on the success which you have witnessed: 
•• His ingenuity and learning in complicating questions." They 
have done their best, and it is the same thing we have had 
before. If that is a fair average sample, if that is the best evi- 
dence they can produce, if it is presented to you as a fair, aver- 
age sample of milk, and you know it is not milk at all, that it is 
rotten, disgusting stuff, then I say such is their case. You must 
remember that this same Mulford herd of cows were fed on oat 
straw, and yet every milker in the Mulford herd — mind you, 
" the Doremus cows" are not ^milkers" but "strippers" — every 
milker in the Mulford herd gave milk above the standard. Yes, 



21 

one, though fed on oat straw, did get a little hay. Fortunately, 
young Doremus visited the place, and he saw her eat hay. You 
were told by other witnesses how he took hay and gave it to her, 
and then came into court and swore she fed on hay. Is that fair, 
is that honest ? I need not go back to discuss all this evidence. 
I think I need not discuss much longer the facts. I say that 
there are no facts upon which you can find a verdict for the de- 
fendant, as I believe. It may be, and I am bound to admit, 
looking at it from one side of the question, that there may be 
some things which have escaped my observation, but this thing 
has not escaped my observation. Where there is a fabrication 
or falsification of evidence, it is one of the earliest principles in- 
stilled into the mind of every professional man, of every man who 
follows that profession in which I glory, which I believe is of 
the highest honor, and governed by a rule of honor permitting 
no deception either by inference or by suggestion, it is one of the 
earliest principles, I repeat, instilled into the mind of the law 
student on the subject of evidence, that any falsification of evi- 
dence, or any fabrication of it, stamps the whole case. Now, if 
you should excuse the defendant, if you should find he was not 
guilty — but I do not see how that is possible- — yet if you should 
so find, you would establish a standard for the city of New York 
from this fraud, and a standard of milk from this Doremus herd 
of cows. It comes to just that. The famous '"number 3 cow," 
spoken of by the defence in this case, is the standard of milk for 
New York which they seek by your verdict. Now the lactome- 
ter we have offered you as a test for nothing except the specific 
gravity, and we have said that commercial milk must stand at 
100 on the lactometer. I think it has been proved to you that 
no possible variation of fifteen degrees could occur even on their 
hypothesis. You will remember that it was probably 25 per 
cent, of water which was put into the defendant's milk. It is 
not the lactometer alone that determines the adulteration, but 
with it the observation of the expert. He knew that the milk 
was watered before he tried the lactometer. You have been 
shown three tests, and they all agreed. Yes, you have had one 
further test, viz., that of the evidence that the defendant knew 



t 



22 

it was watered milk. The distinguished defendant who has ap- 
peared here as the champion for all the milk dealers — because 
this is their preferred case, I did not select it — he knew, he read 
the scale on the lactometer, and he did not attempt to deny it. 
His skillful counsel drew from him all that was proper for the 
case. There was to be no mistake ; there was no confusion, no 
lack of skill or ingenuity in getting all from this gentleman that 
could be got. Therefore his counsel was careful, and asked 
questions carefully modified. " Did you put any water in your 
milk?" "No." "Did your son?" "No." Not a question 
put such as did you know whether it was watered or not ? There 
has been a singular transformation in this man. I do not know 
what it is owing to. I presume the man who, on the 25th of 
August, sold this milk must necessarily be a different man from 
the distinguished individual that comes here and swears as to the 
standard of milk and the use of the lactometer. He came here 
the other day, and plead at the bar, before this case began, and 
said u not guilty." He said that he was not guilty of knowingly 
offering for sale adulterated or watered milk. But he chano-ed 
his tune ; he woke up within two or three days, and as he looked 
in the glass he beheld Schrumpf, no longer a milk dealer, but 
"the champion representative of the Milk Dealers' Association." 
" Schrumpf ! " he said to himself, " you said you did not know, 
you who know everything, and to whom these scientific men are 
but infants ; but when you come on the stand can you say you 
did not know the reading of the lactometer ? Have you not seen 
it before ? You know all about it." He talked English then and 
with the Inspector, but on the stand he could only speak Ger- 
man. When the standard of milk of the black cow and the 
bob-tailed cow is mentioned and proven, see the effect on him. 
He is changed. Then he knew both English and German ; now 
he knows only German. A week ago he did not know that his 
was watered milk; but now he finds that he knew it all the 
time. From such effects save us. 

Now we leave this man to suffer the just consequences of an 
offence prohibited by law. I think you will say it is a salutary 
law, as the learned counsel for the defence has already admitted 



23 

that it is. This is an offence which touches the important rela- 
tions of life, to which I have called your attention — one that 
bears immediately upon this question of the reduction of the rate 
of mortality among infants. And I may say if this be a test 
ease, it is one that is to increase or diminish the rate of mortality 
of the one hundred and thirty thousand infants in this great city. 
Leaving that, I say that upon the evidence which you will have 
to discuss, these several propositions have been demonstrated: 
1st. That there is a standard for New York milk. Place it where 
you like, gentlemen. If you do not accept this 1.029, still my 
proposition is that there is a standard, though the defence denies 
it. 2d. That 1.029 or its ecptivalent 100 on the lactometer of the 
Board of Health, is practical, and it is the only safe standard for 
the city of New York, otherwise you incur great dangers and 
great risks. 3d. That the lactometer correctly determines the 
specific gravity, and in determining the specific gravity upon 
this standard, determines the question of adulteration by water. 
4th. That the milk dealers must be presumed and held to know 
the article they are selling, just as the baker knows his bread, 
and the butcher knows his meat. So the milkmen ought to 
know the article they are selling, at so great a profit, to the 
people. 5th. That Schrumpf's milk on this day in August was 
watered, and watered far below the safe standard, and far below 
any possibility of error in his detection. 6th. That the defen- 
dant's milk was watered at least 15 per cent., and thus adulter- 
ated, offered by him for sale, against the law and ordinance. 
7th. That Schrumpf is guilty, and whether we find him guilty 
knowingly or not, he is guilty of selling adulterated milk. 

Now one word, gentlemen, and I will detain you no longer. 
I ask you to consider the parties to this litigation. On the one 
side you have public officers charged as I said before upon their 
oaths to discharge this duty of protecting the health of the city 
of New York. Upon so important a question, they have given 
evidence after careful preparation, testimony of distinguished 
scientific men, and evidence of the methods of detection adopted 
all over the world where such necessity arises for such tests and 
such action. They have concealed nothing. You have had the 



24 

whole before you ; you have seen the very beginning and the 
whole course and history of this test, and you have had added to 
it such practical demonstrations as the prosecution have shown. 
These are public interests which are involved, and it is be- 
cause they are public officers that they have thought it necessary 
to show you who represent the community — for you are the people 
in this case — fully, frankly, thoroughly, and accurately, all that 
they have been doing, and what their officer did the day that 
Schrumpf was found offering watered milk for sale. Now the 
defendant appears here on behalf of private interests. As I told 
you before, he claims but one thing, and that is to be allowed to 
go on and sell this milk, to get rid of the standard, to get rid of 
detection, to get rid of all methods of procedure, to have a lib- 
erty unrestricted by law, to pour this poison over the whole city. 
I have shown you the influence of your verdict. I have directed 
your attention to the principal points that have been discussed. 
I have not sought to go into details. I ask you to take the other 
facts upon the authority of the witnesses whom you have heard 
examined. I will say in conclusion that we have come into this 
case to discharge a duty ; we have entered into this litigation, 
and have made this fight because it was necessary. We have not 
sought it. We have, as I believe, fought a good fight, we have 
kept the faith. I trust that you will find that we have done 
our duty. The rest we leave to you. 



APPENDIX. 



I.— WITNESSES. 

1. — Witnesses Examined for the Prosecution, in Favor of the 

Board of Health Tests. 
William A. Wall, from the Office of the City Record. 
Caspar Golderman, from the Office of the Health Department. 
Dr. John B. White, Sanitary Inspector. 
Prof. C. F. Chandler, Columbia College. 
Prof. C. A. Goessmann, Mass. Agricultural College. 
Prof. G. C. Caldwell, Cornell University. 
IT. Doughty - , Manager of the Essex County Farmers' Milk 

Association. 
Prof. Henry Morton, Stevens' Institute. 
Prof. Benjamin Silliman, Yale College. 
Elwyn Waller, Ph.D., Chemist to the Health Department. 
Herman Endermax, Ph.D., Health Department. 
John R. Yale, Health Department. 
Dk. J. T. O'Connor, Sanitary Inspector. 
Henry A. Mott, Ph.D., New York. 

Joseph A. Gardner, Sanitary Policeman and Milk Inspector. 
James C. Jepson, Sanitary Policeman and Milk Inspector. 
Prof. G. F. Barker, University of Pennsylvania. 

2. — Witnesses Examined for the Defence, Opposed to the Board 

of Health Tests. 
Thomas C. Doremus, New York. 
Prof. R. O. Doremus, College of the City of New York. 

r. C. A. Doremus, New York. 
II. \V\ Vaughn, Milk Inspector, Providence, R. I. 

A. S. C ASPKK. 

John H. Comer, Accountant and Practical Farmer. 
Daniel Schrumpf, Defendant. Milk Dealer. 
Jacob Schrumpf, Son of Defendant. 



26 



II.— THE LACTOMETER. 



1. The lactometer is a hydrometer which indicates specific 
gravities between 1.000, the gravity of water, and 1.0348. 

2. It is used to determine the specific 
gravity of the milk. 

3. As the specific gravity varies with the 
temperature, the observations are made at 
a standard temperature of 60° Fah. 

4. The specific gravity of the average 
milk at a milking of a healthy cow, prop- 
erly fed and in a normal condition, varies 
from 1.029 to 1.0348. The former num- 
ber being the lowest or minimum gravity, 
100° is placed at this point on the lactome- 
ter ; 0° is placed at 1.000, the gravity of 
water; the intervening space is divided 
into 100°, and the graduations are con- 
tinued to 120°, which corresponds to the 
specific gravity 1.0348. 

5. To apply the lactometer, the temper- 
ature of the milk is first noted with the 
aid of the thermometer ; the lactometer 
is then carefully inserted, taking pains to 
avoid wetting the portion of the stem 
above the milk, and to free the surface 
of the milk from foam. The degree 
to which the instrument sinks is then 
noted. Bearing in mind the effect of 
temperature on the gravity, the inspec- 
tor now decides whether the gravity will 
probably be below 100° at 60° Fah. If he 
thinks it will, he carefully cools or warms 
a sample of the milk, as the case may require, to 60° Fah., and 
again inserts the lactometer. If it stands below 100°, the gravity 
is below that of any genuine milk. He carefully notices the 




The Lactometer. 



27 

consistence to determine whether he has before him a sample of 
thin watered milk or a sample of thick cream. The black back- 
ground of the shot in the lower bulb enables the inspector, as 
the milk runs oft the lactometer, to judge of its consistence. 
The color is also noted, as well as the odor and taste. Low 
specific gravity (below 100° = 1.029) together with abnormal 
watery consistence, and a watery taste, establish the fact of 
adulteration by water, which is the most common form of adul- 
teration, because the simplest and most convenient. 

If the specific gravity be above 100°, it does not follow that the 
milk is pure and unadulterated. Skimming, by removing the 
lighter cream, increases the gravity of the milk ; so skimmed 
milk is heavy ; but it appears at the same time very thin, and the 
inspector's attention will be at once arrested by the inconsistency 
of high gravity and a watery character. In this, as in other 
cases where the inspector suspects adulteration of any kind 
which cannot be proved by the above-mentioned tests of gravity, 
consistence, and taste, he is instructed to take a sample for 
further examination by the cream test, chemical analysis, and 
the microscope. 



Value of Lactometer Degrees in Specific Gravity. 





Lactometer. 


Gravity. 


Lactometer. 


Gravity. 





1.00000 






1 


1.00029 


61 


1.01769 


2 


1.00058 


62 


1.01798 


3 


1.00087 


63 


1.01827 


4 


1,00116 


64 


1.01856 


5 


1.00145 


65 


1.01885 


6 


1.00174 


66 


1.01914 


7 


1.00203 


67 


1.01943 


8 


1.00232 


68 


1.01972 


9 


1.00261 


69 


1.02001 


10 


1.00290 


70 


1.02030 


11 


1.00319 


71 


1.02059 


12 


1.00348 


72 


1.02088 


13 


1.00377 


73 


1.02117 


14 


1.00406 


74 


1.02146 


15 


1.00435 


75 


1 02175 


16 


1.00464 


76 


1> 02204 


17 


1.00493 


77 


1.02233 


18 


1.00522 


78 


1.02262 


19 


1.00551 


79 


1.02291 


20 


1.00580 


80 


1.02320 


21 


1.00609 


81 


1.02349 


22 


1.00638 


82 


1.02378 


23 


1.00667 


83 


1.02407 


24 


1.00696 


84 


1.02436 


25 


1.00725 


85 


1.02465 


26 


1.00754 


86 


1.02494 


27 


1.00783 


87 


1.02523 


28 


1.00812 


88 


1.02552 


29 


1.00841 


89 


1.02581 


30 


1.00870 


90 


1.02610 


31 


1.00899 


91 


1.02639 


32 


1.00928 


92 


1.02668 


33 


1.00957 


93 


1.02697 


34 


1.00986 


94 


1.02726 


35 


1.01015 


95 


1.02755 


36 


1.01044 


. 96 


1.02784 


37 


1.01073 


97 


1.02813 


38 


1.01102 


98 


1.02842 


39 


1.01131 


99 


1.02871 


40 


1.01160 


100 


1.02900 


41 


1.01 189 


101 


1.02929 


42 


101218 


102 


1.02958 


43 


1.01247 


103 


1.02987 


44 


1.01276 


104 


1.03016 


45 


1.01305 


105 


1.03045 


46 


1.01334 


106 


1.03074 


47 


1.01363 


107 


1.03103 


48 


1.01392 


108 


1.03132 


49 


1.01421 


109 


1.03161 


50 


1.01450 


110 


1.03190 


51 


1.01479 


111 


1.03219 


52 


1.01508 


112 


1.03248 


53 


1.01537 


113 


1.03277 


54 


1.01566 


114 


1.03306 


55 


1.01595 


115 


1.03335 


56 


1.01624 


116 


1.03364 


57 


1.01653 


117 


1.03393 


58 


1.0J.682 


118 


1.03422 


59 


1.01711 


119 


1.03451 


60 


1.01740 


120 


1.03480 



29 



III. REPORT OF DOCTORS WALLER AND O'CONNOR ON THE COWS 
OF THE MULFORD FARM. 

Note. — Samples of low gravity milk from this farm were in- 
troduced by the defence to prove that genuine, unadulterated 
milk, from healthy, well-fed cows sometimes shows a specific 
gravity below 1.029 (100° on the lactometer), the standard used 
by the Board of Health, and others, as the minimum gravity of 
pure milk. 

W. De F. Day, M.D., Sanitary Superintendent. 

Sm : — We have the honor to report that, at the request of the 
President of the Board of Health, we visited the farm of Mr 
Charles Mulford, in the neighborhood of Guymard, Orange Co., 
.N.Y., about SO miles from New York. We reached there on the 
afternoon of Saturday, December 23d, 1870, and were present 
at the evening's milking. 

His herd consists of some "22 cows, of which but four were at 
that time regular milkers ; eight were u strhipers," or cows that 
were nearly dried up, and the rest were dry. Only the regula- 
milkers were milked that evening. 

Evening milking — " milkers y " milked twice a day. 



Cow. 


Age. 


Time since 
. last calf. 


Amount 
yielded. 


Test by 
Lactometer. 


Temperature 
Fahr. 


••Charley" 

•'Blue" 


12 years. 
7 " 
5 " 
7 " 


3 weeks. 
2 • 

5 " 

4 " 


3i qts. 
4 •• 
2 " 
4 " 


105 
104 
100 
102 


59° 
61 c 


'• Gypsy " 


61° 
59£" 




Total. 


mats. 







The cow Charley was stated to be half Ayrshire; all the others 
were of the common breed. 

That evening, after all had retired, Mr. T. (J. Dorenms and his 
friend, Mr. Root, arrived, and the next morning (Dec. 24th) the 
cows were milked in our presence, and the milk tested with the 
Lactometer, both by the above-named gentlemen and by ourselves 
The results were as follows: 



so 



Horning milking — -" milker a / " milked twice daily. 



Cow. 


Amount "yielded. 


Lactometer. 


Temperature P. 


"Charley" 


6 qts. 
6 " 

4 " 

5 " 


108 
112 
104 
107 


60° 


"Blue" 


60i° 


"Red Heifer" 


60° 


"Gypsy" 


60° 






Total 


21 qts. 











" Strippers / " milked hut once daily. 



Cow. 


Amount yielded. 


Lactometer. 


Temperature. 




i pint. 
1 " 
1 " 
3 " 
3 " 
1 " 

n " 

H " 


104 

93 

99 

103 

102 

108 

104 

78 


59° 




59° 


' ' Mooly " 


G0° 


" Ryder" 


60° 


"Yellow" 


60i° 


"Spot".... • 

"Star" 


60° 

59r 


"Black" 


60" 




12£ pints. 







With the exception of the Black cow, all of the strippers were 
with calf and were expected to be delivered in about 2 or 2£ 
months. The Black cow had never yielded much milk since her 
calf was taken from her, and was to be fatted and killed for beef. 
Her milk looked very thin and watery, and was full of stringy 
curds which clogged the strainer. Indeed the product from all 
the strippers was not true milk, and was in no way suitable for 
domestic use. The product from the pregnant cows was essen- 
tially colostrum. 

The total yield of the four regular milkers for the evening 
and morning together, was 34^ quarts, an average of 8£ quarts 
per day from each cow, which is considered a fair average yield 
for the winter season. 



31 

The total yield from the eight strippers was 12£ pints, or an 
average of l-£ pints per day. 

The food of the cows, so far as we saw, was oat-straw only. 

Mr. Mnlford stated that after that morning he should not 
again milk the strippers Fanny, Star, Andrew, Mooly, Spot, or 
Black, until af'er calving. 

Samples of the milk from Fanny, Mooly, and the Black cow, 
all whose milk stood below 100 on the lactometer, were taken, 
and, on reaching New York, they were submitted to examina- 
tion. The results were as follows : 

Examination of the low gravity Milk, {?) from Strippers. 





Fanny. 


Mooly . 


Black Cow. 


Lactometer 


Strongly alkaline. 
93° 

1.02697 
11.50 per cent. 
86.97 

4.65 " 

5.14 

2.40 " 

0.84 


Strongly alkaline. 
99° 
1.02871 
No distinct layer. 
86.66 per cent. 
3.45 
7.58 

1.03 " 
1.28 " 


Strongly alkaline. 
78° 


Specific Gravity 


1.02262 


Cream (?) 


10.50 per cent. 
91 52 " 


Water. . . 


Fat 


1 78 " 


Sugar 


4 39 

1 42 " 




0.89 " 



Milk from Mooly yielded no well-defined layer of cream. 
Milk (?) from the Black cow yielded 10.5 per cent, by volume of 
scum — curdy matter mixed with fat globules. It also deposited 
a sediment. Respectfully submitted, 

Elwyx Waller, Ph.D. 
. J. T. O'Ooxxok, M.D. 
New York, Jan. 12, 1877. 



Note.— The sample of milk (?) from the " Black cow " on the 
"Mnlford Farm," produced in court as "pure milk," "standing 
at 78° on the lactometer," by Mr. T. C. Doremus, before the 
visit of Doctors Waller and O'Connor, was examined by Prof. 
( 'handler and Dr. O'Connor, who found it after standing a week 
to exhibit a strong alkaline reaction, which it has not yet lost 



32 

after three weeks' standing up to the time this note was written, 
to deposit a considerable sediment, and to possess a disagreeable 
taste. Analysis showed it to contain 

Water. ." 90.64 

Fat 2.04 

Casein, \ 

Albumen, [ 6.04 

Sugar, ) 

Salts 0.68 



100. 

The microscope showed the sediment to contain pus corpuscles. 
This is an abnormal fluid, which cannot properly be called 
milk. 



LIBRARY OF CONGRESS 



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